SECOND AMENDMENT TO
EMPLOYMENT AGREEMENT
WHEREAS, Casual Male Retail Group, Inc., and Xxxxx X. Xxxxx ("Executive")
entered into a certain Employment Agreement dated as of July 9, 2003,
(hereinafter referred to as the "Agreement"); and
WHEREAS, Company and Executive wish to amend, modify and/or restate certain
terms, provisions, conditions, and covenants of the Agreement.
NOW, THEREFORE, in consideration of the foregoing, and of the promises,
covenants, conditions and agreements contained herein, and for One Dollar
($1.00) and for other good and valuable consideration, the receipt and
sufficiency of which is hereby expressly acknowledged, the Company and
Executive hereby agree to amend the Agreement as follows:
1. Section 2 of the Agreement is herby deleted in its entirety and the
following is hereby substituted in lieu thereof:
"2. TERM
The term of employment under this agreement shall begin on
August 4, 2006 ("Employment Date") and shall continue through
March 31, 2008, subject to prior termination in accordance with
the terms hereof"
2. Section 3 (a) of the Agreement is hereby deleted in it's entirety
and the following is hereby substituted in lieu thereof:
"3. COMPENSATION
(a) As compensation for the employment services to be rendered
by the Executive hereunder, the Company agrees to pay to
executive, and Executive agrees to accept, payable in equal
installments in accordance with Company practice, an annual
base salary of $313,656.75 effective May 7, 2006.
3. Except as herein specifically modified and amended, all of the terms,
provisions, conditions, and covenants of the Agreement shall continue in full
force and effect and shall be deemed unchanged except to the extent modified
and amended herein.
IN WITNESS WHEREOF, the parties hereto have executed this Second
Amendment to Employment Agreement as a sealed instrument, in any number of
counterpart copies, each of which shall be deemed an original for all purposes,
as of the day and year first written below.
CASUAL MALE RETAIL GROUP, INC. (Company)
By: /s/XXXXX X. XXXXX August 2, 2006
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Xxxxx X. Xxxxx Date
President and Chief Executive Officer
By: /s/XXXXXX X. XXXXXXXXX August 2, 2006
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Xxxxxx X. Xxxxxxxxx Date
Secretary
EXECUTIVE
/s/ XXXXX X. XXXXX August 2, 2006
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Xxxxx X. Xxxxx Date